Análise sobre a multiparentalidade decorrente de gestação de substituição

• Autor(a) principal: Teixeira, Laíza Daminelli
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6790
• topic: Filiação; Multiparentalidade; Gestação; Substituição

This presente study have's purpose the analysis of multiparentality, as well as its possibility arising from the gestation of substitution, a technique that has no legal provision in the Brazilian legal system and is regulated only by resolution of the Federal Medical Council. In order to carry out this study, the method of deductive approach was used, starting from the general premises of Family Law, especially the constitutionalization of Family Law, filiation, artificial human reproduction techniques, multiparentality, and, finally, gestation of substitution. The research model was the bibliographical and documentary, using doctrines and news about the judgments and judgments for its elaboration. It is emphasized that it was not possible to obtain the integrity of all the decisions cited in this monograph, since many of the aforementioned actions deal with the secrecy of justice. With the research carried out it was verified that, based on the Provision n. 21/2015 of the General Corregedoria of Justice of the State of Pernambuco, n. 52/2016 of the National Council of Justice and in Resolution n. 2.121 / 2015 of the Federal Council of Medicine it is possible that the gestation of substitution be performed also by homoaffective couples, being possible the recognition of the multiparentality resulting from this technique for these couples, who are assured the registration of the affiliation, which will include the name of both The parents or both mothers, as the case may be.